Bill Text: NY S08704 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to consideration of gender-affirming health care or gender-affirming mental health care in child custody cases for purposes of jurisdiction, forum and enforcement of custody orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-01 - REFERRED TO CHILDREN AND FAMILIES [S08704 Detail]

Download: New_York-2023-S08704-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8704

                    IN SENATE

                                      March 1, 2024
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Children and Families

        AN ACT to amend the domestic relations law, in relation to consideration
          of gender-affirming health care or gender-affirming mental health care
          in child custody cases

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  76  of  the domestic relations law is amended by
     2  adding a new subdivision 4 to read as follows:
     3    4. The presence of a child in this state for the purpose of  obtaining
     4  gender-affirming  health care or gender-affirming mental health care, is
     5  sufficient to meet the requirements of this section and  to  enable  the
     6  court to obtain initial child custody jurisdiction.
     7    §  2.  Subdivision 1 of section 76-c of the domestic relations law, as
     8  added by chapter 386 of the laws of 2001, is amended to read as follows:
     9    1. A court of this state has temporary emergency jurisdiction  if  the
    10  child is present in this state and the child has been abandoned or it is
    11  necessary  in  an emergency to protect the child because the child, or a
    12  sibling or parent of the child, is subjected  to,  or  threatened  with,
    13  mistreatment  or  abuse,  or  because  the child has been prevented from
    14  obtaining gender-affirming health care or gender-affirming mental health
    15  care.
    16    § 3. Section 76-f of the domestic relations law is amended by adding a
    17  new subdivision 5 to read as follows:
    18    5. In a case where the provision of gender-affirming  health  care  or
    19  gender-affirming mental health care to the child is at issue, a court of
    20  this  state  shall  not determine that it is an inconvenient forum where
    21  the law or policy of the other state that may take  jurisdiction  limits
    22  the  ability  of  a  parent  to  obtain  gender-affirming health care or
    23  gender-affirming mental health care for their child.
    24    § 4. Subdivision 4 of section 76-g of the domestic relations  law,  as
    25  added by chapter 386 of the laws of 2001, is amended to read as follows:
    26    4.  In  making  a  determination under this section, a court shall not
    27  consider as a factor weighing against the petitioner any taking  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11061-01-3
        S. 8704                             2

     1  child, or retention of the child after a visit or other temporary relin-
     2  quishment of physical custody, from the person who has legal custody, if
     3  there  is  evidence  that  the  taking  or retention of the child was to
     4  protect  the  petitioner from domestic violence or [the child or sibling
     5  from mistreatment or abuse] for the purposes of obtaining gender-affirm-
     6  ing health care or gender-affirming mental health care for the child and
     7  the law or policy of the other state limits the ability of a  parent  to
     8  obtain  gender-affirming  health  care or gender-affirming mental health
     9  care for their child.
    10    § 5. Section 77-b of the domestic relations law is amended  by  adding
    11  two new subdivisions 3 and 4 to read as follows:
    12    3.  Notwithstanding the provisions of subdivision one of this section,
    13  a law of another state that authorizes a child to be removed from  their
    14  parent  or guardian based on the parent or guardian allowing their child
    15  to receive  gender-affirming  health  care  or  gender-affirming  mental
    16  health  care is against the public policy of this state and shall not be
    17  enforced or applied in a case pending in a court in this state.
    18    4. A court of this state has jurisdiction to vacate, stay or modify  a
    19  child  custody determination of a court of another state which failed to
    20  recognize a child's right to receive  gender-affirming  health  care  or
    21  gender-affirming mental health care.
    22    §  6.  Subdivision 1 of section 77-j of the domestic relations law, as
    23  added by chapter 386 of the laws of 2001, is amended to read as follows:
    24    1. Upon the filing of a petition seeking enforcement of a child custo-
    25  dy determination, the petitioner may file a verified application for the
    26  issuance of a warrant to take physical custody of the child if the child
    27  is at imminent risk of suffering serious physical  harm  or  of  removal
    28  from  this state. As used in this section,  "serious physical harm" does
    29  not  include  the  provision  of  gender-affirming  health  care  and/or
    30  gender-affirming mental health care.
    31    §  7.  Section 77-l of the domestic relations law, as added by chapter
    32  386 of the laws of 2001, is amended to read as follows:
    33    § 77-l. Recognition and enforcement. 1. A court of  this  state  shall
    34  accord  full  faith  and  credit to an order issued by another state and
    35  consistent with this article which enforces  a  child  custody  determi-
    36  nation  by  a  court of another state unless the order has been vacated,
    37  stayed, or modified by a court having jurisdiction to do so under  title
    38  two  of  this  article, unless recognition and enforcement would violate
    39  subdivision one-c of section  two  hundred  forty  of  this  chapter  or
    40  section one thousand eighty-five of the family court act.
    41    2.  Notwithstanding the provisions of subdivision one of this section,
    42  a law of another state that authorizes a child to be removed from  their
    43  parent  or guardian based on the parent or guardian allowing their child
    44  to receive  gender-affirming  health  care  or  gender-affirming  mental
    45  health  care is against the public policy of this state and shall not be
    46  enforced or applied in a case pending in a court in this state.
    47    3. A court of this state has jurisdiction to vacate, stay or modify  a
    48  child  custody determination of a court of another state which failed to
    49  recognize a child's right to receive  gender-affirming  health  care  or
    50  gender-affirming mental health care.
    51    § 8. This act shall take effect immediately.